Korean Job Discussion Forums

[*wanderlust*]

Hi There, below is a contract with a public school within Korea. I have only included the articles which are a concern to me or that I have not come across before, all the articles concerning pension, health etc. have been omitted as they have been verifed as following korean law. Any insights would be appreciated, I'm especially concerned by the 300,000 won held each month for a security deposit, is this normal for public schools?

I would also like for the apartment to state single accomodations. I really enjoyed the interview with the school and am happy with the pay and working hours...what is the best way to approach and ask for changes to the contract?

Thanks in advance!


Article 3: ELI�s shall perform the following duties:

1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es).
2. To prepare teaching materials for English class(es)
3. To assist with the development of teaching materials related to English language education.
4. To assist with activities related to English language education and other extracurricular activities within the place of employment.
5. To conduct English conversational class(es)/cours(es) for Korean teachers and students, and
6. To perform other duties as designated by Employer.

Article 7 (Workplace):

1. Employee shall work at a workplace as designated by employer, and the workplace may be a school, provincial office of education, training center,or other educational institute located in (??)city/province. While school is in recess. In this case, Employee shall not receive additional pay.
2. Employer may designate multiple work places for Employee.
3. While school is in recess employer may designate Employee to work at a provincial office of education, training center or other educational institute located in (??) city/province. In this case Employee shall not ask for additional pay.

Article 8 (Work hours):

1. Employee shall work eight ( hours per day (excluding lunch hour) for five (5) calendar days per week from Monday to Friday, and shall not work Saturdays, Sundays, and national holidays of the Republic of Korea.
2. Work hours of Employee may follow the normal work schedule of civil servants of the Korean government; however, such work hours may be adjusted by employer as he/she deems appropriate.
3. Actual class instruction hours of employee shall not exceed twenty-two (22) hours. If, however, Employee�s actual weekly class instruction hours exceed twenty-two hours (22) due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
4. Employer may require Employee to work overtime in addition to normal work days and work hours. In this case, overtime pay will be provided.


Article 12 (Housing)

1. Employer shall provide housing for the Employee selected by the Employer. Housing selected by the Employee may be, but is not limited to, a leased house, a studio-type room, or apartment. Any and all fees, charges, costs, taxes, expenses etc. incurred in using the housing shall be borne by the Employee.
2. If employer is unable to provide housing for Employee, Employer shall provide Employee with 300,000 Korean Won (KRW) per month as a rent subsidy, in lieu of the housing set forth in forgoing.
3. Employer may provide temporary housing until the appropriate housing for the Employee becomes available.
4. Employer shall decide whether to provide Employee with housing or a rent subsidy after discussion with Employee. Once decided, Employers decision shall not be changed during the term of employment.
5. If employer provides housing to Employee, Employer may provide appliances and furniture such as bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by the Employer.

Article 14 (Vacation)

1. Employee is entitled to a vacation period of fourteen (14) work days during the term of employment. Employee�s working in a school system shall take the leave up to seven (7) work days during the summer and winter recess respectively. Employee�s working in a training center shall take the leave up to seven (7) work days per semester. If the requested vacation period interferes with smooth work operations, Employee/Employer shall negotiate alternate vacation dates.
2. Employee shall apply for and obtain Employers consent to take a leave at least fifteen (15) days in advance.

Article 15 (Sick leave)

1. Employee shall be entitled to a paid sick leave if any illness or injury prevents him/her from performing the duties under the contract provided, however that he/she receives prior consent.
2. When employee takes sick leave more than seven (7) days (inclusive of national holiday, Saturday and Sunday) Employee shall submit a practicing doctor�s medical report to the Employer.
3. Employee�s paid sick leave shall not exceed fifteen (15) calendar days (inclusive of national holidays, Saturday, and Sunday). If Employee requires a sick leave for more than fifteen (15) days, Employee may take further sick leave without pay.

Article 21 (Indemnity)

1. Employee shall be responsible for and protect Employer from any liability arising from or in relation to any negligent, faulty, or illegal activity during the term of employment under this contract. For safety deposit, 300,000 Korean Won will be deducted from Employee�s salary for the first three (3) months of employment until it amounts to a total of 900,000 Korean Won (unless employee finds their own housing).
2. Employer shall check the leased facilities and financial matters resulting as a use of them by Employee before the term of employment is completed. If any liabilities or damages are found, these shall be confirmed in written form by employee who will be indemnified of the security deposit pursuant to the forgoing. 1. In the case of insufficient security of indemnity, Employer may demand further compensation. In the case of protecting Employer from any liability or damages, Employee shall be refunded the full security deposit before the end of contract.

Article 22 (Governing Language, Law and Venue)

1. The terms of this contract and the rights and obligations of the parties hereto shall be construed, interpreted, and determined in accordance to the laws of the Republic of Korea.
2. The governing language of the contract shall be Korean. The English translation is provided for convenience.
3. If a dispute or agreement should arise in connection with this contract, the parties hereto shall first try to resolve it in accordance to the principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration rules of the Korean Commercial Arbitration Board.

[*wanderlust*]

Sorry....
I hit new topic instead of reply in the contract thread

[icicle]

They are standard clauses in the GEPIK contract ... which is the contract which I and many other people have ..

The deposit is becoming a normal part of contracts in public schools ... I have it in my contract from earlier in the year ... I think it has come into the GEPIK contracts this year. There have been previous message threads recently talking about the deposit ... I have accepted it as something that goes with accepting a public school job now ... and as something I can live with ... with the other conditions which we have.

If it is the GEPIK contract - ie the school is in the Gyeonggi province - then the odds of major changes are not high ... Some things are standard.

I would not be afraid of what the accommodation clause says - that is the same as mine - It is just the way that they say it - It covers options - but in most cases what happens is the Single furnished accommodation that you want - The question that I would ask is not can you change the accommodation clause in the contract - but "What accommodation will you be providing?" "What is it like?"

The duties , workplaces and work hours clauses look like the clauses in the old contract rather then the new one ... (I have been through several variations before ending up with my current one) ... It might be worthwhile for you to look at the new GEPIK contract and compare it with yours to see what you think ... They may have just added the indeminity clause to the old contract and not realised other things had changed as well. ... One thing the new contract includes is how much you are paid for overtime ... among other things...

Icicle